QUOTE
beachjock73:
GAME ON!
The recall is back on for October 7th, per Federal Appeals Court. Unclear whether the case will be appealed to SCOTUS.
http://www.msnbc.com/news/945950.asp?0cv=CA01 I think this is the correct decision. There was no good justification for the postponement. The punch-card ballots, which have been used in dozens of previous elections, were to be phased out at the end of 2003. In case you don't have a calendar handy, the year's not over for another three months. Also, the spirit of the recall law was to hold an expedient election. Holding it 10 months after the recall petitions are submitted is not expedient.
You are correct, beach. The full court
unanimously ruled that the 3-judge panel was incorrect in their legal reasoning, because, as I've explained this before, the election was a
state issue, pursuant to California's Constitution. Unfortunately, too many here didn't care, as long as the recall was stopped.
Essentially such folks have no problems with federal courts making erroneous decisions, so long as the decision sits well with them. I have been opposed to this recall from the beginning. I do not believe it ever should have been implemented. However, I also believe the 3-judge panel's decision was wrong. Their decision meant no recall, but to me, it was more important that they stay out of it altogether.
Interestingly, the 11-member court that ruled today was composed of 8 Democrats, several appointed by Clinton and Carter. The fact they slapped down the 3-judge panel's decision indicates how erroneous that preliminary decision actually was.
I won't hold my breath, however, for many others here to agree.